this Provincial Court Two defendants accused of raping a 19-year-old girl were acquitted. Alicante considering that the defendants’ sexual relations with the complainant were not proven to be “non-consensual”. The appealable sentence exempts the defendants from the potential 12 years and six months imprisonment they are seeking in both the trial and the trial. Investigation as private prosecution.
The facts proved in the sentence occurred in the early hours of December 28, 2019. A 19-year-old girl was at a nightclub with some friends at four in the morning. Girona street in Alicante and there was one of the 20-year-old defendants whom the Court recognized for having had “occasional sexual intercourse” for several weeks, according to the Tenth Circuit’s decision.
When the complainant left the nightclub, she was with the young man in question and the other defendant. The three left discotheque and went to the house of one of the defendants. had penetrating sex It is not known that he did not exist with the young woman, in the opinion of the Alicante Court, “without any evidence that their consent was not obtained or that violence was used to break up her resistance”.
The Tenth Circuit court noted that the defendant’s statement was “fully coherent” in the legal basis of the sentence. Both denied any use of violence and acknowledged that sexual relations do exist, but with “absolute consent and the active and voluntary participation of the complainant”. Likewise, they stated that relations had been cut off when the young woman noticed that one of the defendants was using a mobile phone. thought they were recording itdressed and left the house “without the defendant’s hindrance”.
On the other hand, it is included in the fault description. alleged rape condemned by the young woman, and the court underlined the hardship that had occurred as the woman had declared. The court also draws attention to some contradictions in the young woman, who told the coroner on the day of the events that she did not know whether the accused had ejaculated or not and that she said yes at the hearing. For the court, the absence of signs of violence in medical reports is also noteworthy, underscoring that “retelling a violent sexual assault story is not spontaneous”.
The indictment also refers to the statement of one of the defendants’ housemates, who stated that the young woman did not run away and said goodbye in a normal manner without being appreciated. nothing strange.
The Court does not deny that the young woman lodged the complaint in order to prevent the dissemination of an alleged record of their continued relationship. When police checked the cell phone of one of the suspects, he admitted that he used the phone but only to send a message to a friend, and agents confirmed this. However, it was stated that he believed the young woman was recorded and that this concern “arose from the first medical examination and was repeated throughout the case”.
It’s for the court “reasonable doubt” It was claimed that the case should be decided in favor of the accused, therefore, the two defendants were acquitted because the accusation was not accredited.